Gross v. Kelly et al, No. 5:2018cv00119 - Document 26 (E.D. Ark. 2018)
Court Description: ORDER adopting in their entirety 17 the proposed findings and recommendations; dismissing without prejudice Gross's petition; counting this dismissal as a strike; and certifying that an in forma pauperis appeal from this order and accompanying judgment would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 8/27/2018. (kdr)
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Gross v. Kelly et al Doc. 26 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TRUMAN GROSS ADC #135755 v. PLAINTIFF CASE NO. 5:18-CV-00119 BSM WENDY KELLY, et al. DEFENDANTS ORDER The proposed findings and recommendations [Doc. No. 17] submitted by United States Magistrate Judge Joe J. Volpe and plaintiff Truman Gross’s objections [Doc. No. 23] have been reviewed. After de novo review of the record, the proposed findings and recommendations are adopted in their entirety. Accordingly, Gross’s petition is dismissed without prejudice. Dismissal of this action counts as a “strike” under 28 U.S.C. section 1915(g). Pursuant to 28 U.S.C. section 1915(a)(3), it is certified that an in forma pauperis appeal from this order and accompanying judgment would not be taken in good faith. IT IS SO ORDERED this 27th day of August 2018. _________________________________ UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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